What is the clerk's responsibility when a defendant defaults on payment of a fine and costs?

• A. Immediately issue capias pro fine
• B. Research records to ensure no error in recordkeeping and present the judge with information that the defendant still owes a fine and costs and that the judgment has not been satisfied.
• C. Waive the fine if indigent
• D. File a new case for the defendant

Answer: (B)

When a defendant defaults on a fine and costs, the clerk must review the case records for accuracy and present the judge with an up-to-date status showing that the defendant still owes the fine and costs and that the judgment has not been satisfied. This careful checking prevents clerical errors, ensures the court relies on correct information, and gives the judge the proper basis to decide the next step, such as enforcement actions or payment arrangements.

Issuing a capias pro fine isn’t something the clerk does on their own; it requires a judge’s order based on appropriate procedures. Deciding to waive the fine because the defendant is indigent is a policy decision for the court or judge, not the clerk’s unilateral action. Filing a new case wouldn’t address the existing unpaid judgment and isn’t the appropriate response to a nonpayment issue.